TERMS OF BUSINESS

TERMS

CONTRACT

These terms and conditions shall represent a legally binding contract between the client or employer (the client) and the Night Nanny agency (the "Agency"). The verbal or written instruction by the client of these terms and conditions. The term "Candidate" means a person introduced by the agency.

The word "Nanny" refers to a Nanny, student, Nurse or any other person whom the Agency introduces as available for employment or hire by the Client.

The acceptance of a Nanny introduced by the agency will be deemed as acceptance of our terms and conditions of business.

The agency assumes that all details of the engagement have been agreed between the client and Nanny unless the client informs the agency in writing to the contrary prior to the commencement of the engagement, and will issue a written confirmation to this effect.

FEES

The client will be charged a fee upon confirmation of booking the Night Nanny. The fee must be paid in Australian dollars prior to the date the booking commences.

The client understands our booking fees and our placement fees are non-transferable except in the case of the discount 10 pack which must be used within 12mths of purchase.

The fee charged for the introduction of a Casual Night Nannies Australia Nanny is for one engagement only. Any Night Nanny returning at a future date will incur a further charge and the client must notify the agency of such an event. Permanent Placement Fees are charged for the day(s) specified only. Any additional days or bookings will incur an extra charge. All bookings must be made through the Agency prior to commencement.

The client is liable to pay the Nanny at the end of each shift for casual bookings.

The agency reserves the right to increase the fees at any time. Night Nannies Australia fees are up to date and advertised on its website www.nightnannies.com.au . If the client is dissatisfied wit h the increase he or she may cancel the contract. In such an event the client shall no longer be entitled to employ the service of the Nanny on any basis.

The client agrees to notify the agency of a reengagement or extension of temporary engagement.

The client agrees that their credit card may be charged for any casual or permanent services rendered by this Agency or the Nanny/Nurse if the full fees are not paid within the agreed time frame. All services will cease until the payment is made in full.

INTRODUCTION

The agency acts as an introduction agency only and does not directly or indirectly employ the Nanny who is self employed or employed by the client. The employer understands and acknowledges that the Agency is not an agent or representative of the candidate and that the Agency is not in any way liable for any loss, expense or injury, delay or damage the employer or any other person may suffer or incur as a result of the wrongful acts, omissions, or negligence of the candidate or of the introduction or employment of any candidate or from the failure to introduce a candidate.

It is the obligation of the Client to immediately inform the agency when a Candidate is introduced by the agency who has already been introduced by a third party. If the Client does not so inform the agency then it will be presumed that introduction has been effected by the agency and the relevant fee will become payable.

All bookings or placements are to be made through the Night Nannies Australia office prior to engaging the service of the Nanny. At no time is the client to contact the Nanny directly to check availability or to make a booking, including any unspecified future date. A referral fee will be due to the Agency for any bookings outside of the initial agreed booking, placement or interview. The amount of the referral fee will depend upon the nature and duration of the employment arrangement. A referral fee is due for each Candidate the employer elects to employ.

The Agency cannot guarantee to find a suitable Nanny or a candidate available for the position. The decision to employ a Candidate rests solely with the employer.

CONFIDENTIALITY

All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the client pass on any information including inter alia, details of candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time childcare employment, then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.

All correspondence and records shall be confidential and remain the property of the agency.

Information supplied by the agency is confidential and is accepted by the client on the condition that such information will not be disclosed to third parties.

LIABILITY

The Agency endeavours to provide the client with only the most suitable candidates. However, the final decision to employ a candidate is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly no warranty is offered in respect to the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the agency.

The Agency reserves the right to use its own discretion with regard to any situation or problem not itemised in its terms.

Night Nannies Australia is not responsible for the workplace safety of workers referred to Clients. Clients are strongly advised to have Domestic Employees Workers compensation Insurance cover. Night Nannies Australia is not responsible for any damage or breakage, which occurs when workers referred by the agency, are on the clients premises. Accidents can happen and the Agency recommends that all household items (especially valuables) be covered by the Clients household Contents Insurance.

CANCELLATION

Agency fees are non refundable. If during the booking unforseen circumstances arise resulting in the departure of the Nanny, the Agency will offer a candidate for the employer to hire if within the 60 day probationary period, and a permanent placement if:

The Agency fee has been received by the due date.

The Agency is advised in writing as to the termination of the booking within 24 hours.

There has been no reasonable cause for the Nanny to terminate employment.

If the client is terminating the arrangement with the Nanny then Night Nannies Australia will only endeavour to replace the Nanny if the client has made every reasonable effort with communicating their expectations and creation of a workplace agreement to improve the situation between Nanny and Client (Employer) and has advised Night Nannies in writing prior to termination. The role must be the same as when the Nanny was hired initially.

Night Nannies Sleep Guidance, Postnatal Care or Overnight Support cancellations incur an additional cancellation fee of the first 3 hours of each shift booked to cover the Nanny’s loss of income. The client agrees that they have 3 weeks to reschedule in the case of Sleep Guidance before their credit card is charged the cancellation fees. All other services if less than 24hrs notice is given for cancellation the client agrees their credit card can be charged the cancellation fee.

In the event that the Client wishes to/needs to cancel the booking prior to commencement due to extenuating circumstances, the agency reserves the right to retain 50% of the fee for work incurred.

In the event that the Nanny withdraws their application or does not honour their booking or temporary placement, the client agrees to indemnify the Agency and hold it and all its employees and representatives harmless from any costs or expenses arising out of any claim against the Agency, relating in any way to a candidate’s employment. The client agrees that the agreement of the booking or placement is between the Nanny and the Employer. Night Nannies Australia agrees that in the event the Nanny does not honour their booking, that we will endeavour to replace the Nanny. If Night Nannies is unable to replace the Nanny the temporary fee will be refunded for the period that has not been used. Permanent placements, the Agency first will endeavour to replace the Nanny. Then if not possible a partial refund based on usage will be paid. Otherwise if prior to commencement an Admin fee will be retained by the Agency.

The time period often referred to as the ‘Probationary Period” or “Warranty Period” is a period of 60 days from the date of arrival in the employer’s residence, in which Night Nannies Australia Pty Ltd. warrants that any Candidate referred by the ‘Agency’ and employed by the employer will remain continuously employed by the employer for that time period of 60 days. If the employer terminates the candidate’s employment with cause, or if the candidate voluntarily resigns without good cause within the “Probationary” period or prior to commencement Night Nannies Australia Pty Ltd will, without additional charges or fees unless specific advertising is required, make such reasonable additional referrals of candidates to the employer to assist the employer to hire a replacement for the remainder of the “Probationary Period”. If the employee resigns due to the employer materially changing the job description, adding responsibilities or duties, or changing the work schedule after the employee’s start date from what was initially agreed upon in the “Job Description”, or mistreatment of the employee, Night Nannies Australia Pty Ltd, then has no obligation to replace the employee and the warrantee period becomes void upon the employees resignation. The employer expressly acknowledges and agrees that Night Nannies Australia Pty Ltd liability pursuant to this warranty is limited solely and exclusively to our obligation to refer additional candidates for the employer’s consideration, whether or not that results in a hire. Refund will only be made after further referrals of candidates for the position within 30 days.